88R10892 AJZ-D By: Middleton S.B. No. 2281 A BILL TO BE ENTITLED AN ACT relating to prohibiting certain adult cabaret performances; creating a criminal offense. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 43, Penal Code, is amended by adding Section 43.28 to read as follows: Sec. 43.28. CERTAIN OBSCENE ADULT CABARET PERFORMANCES PROHIBITED. (a) In this section, "obscene adult cabaret performance" means a visual performance that: (1) features topless dancers, go-go dancers, exotic dancers, strippers, or male or female impersonators; and (2) is obscene. (b) A person commits an offense if, regardless of whether compensation for the performance is expected or received, the person engages in an obscene adult cabaret performance: (1) on public property; or (2) in a location where the performance is reasonably likely to be viewed by a person younger than 18 years of age. (c) An offense under this section is a Class A misdemeanor, except that the offense is a state jail felony if it is shown on the trial of the offense that the person has previously been convicted of an offense under this section. SECTION 2. This Act takes effect September 1, 2023.